ITC Jurisdiction Ruling May Frustrate Film Industry

Court Says ITC Can't Ban Digital Imports
– The Recorder

The Recorder interviewed Manatt's Yasser El-Gamal, a partner in the firm's Intellectual Property practice, for an article on a decision by the U.S. Court of Appeals for the Federal Circuit that limits the International Trade Commission's digital jurisdiction.

As reported by The Recorder, Congress may have given the ITC power to block infringing "articles" of commerce at the border, but that does not include information flowing across the Internet, says the appeals court. The court's decision is likely to frustrate the film industry and book publishers who requested the ITC's help in halting the distribution of counterfeit electronic goods.

"The practical impact is simply that the ITC's jurisdiction is not going to be expanded into regulating the free flow of information on the Internet," said El-Gamal.

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